Prosecutors ask court to sanction Brett “Mac” McClafferty over alleged social media violations

ST. CROIX — Prosecutors are asking the Superior Court to order businessman Brett “Mac” McClafferty to explain why he should not face sanctions, contempt of court, or possible revocation of bail for allegedly violating a court order barring him from discussing his criminal case on social media.
           
In a motion filed Wednesday, the Virgin Islands Department of Justice said McClafferty made or directed a series of Facebook posts about the case despite a February 23 pretrial release order prohibiting such activity.
           
McClafferty was arrested February 21 and charged with grand larceny, passing or possession of forged bills, obtaining money by false pretenses, making and passing fictitious bills, and drawing and delivering worthless checks in connection to an alleged $888,500 counterfeit check scheme.
           
The release order issued by Superior Court Judge Julie Smith-Todman also prohibits McClafferty from contacting Banco Popular, its employees, or witnesses connected to the case.
           
According to prosecutors, posts appeared on Facebook accounts associated with McClafferty, including “Mac McClafferty,” “The McClafferty Family Foundation,” and his restaurant business.
           
According to the motion, a February 27 post from the foundation account shared part of a court document and directed members of the public Facebook group “What’s Going On St. Thomas” to the section referencing the social media restriction.
           
Prosecutors also cited a March 4 post from an account attributed to the restaurant that McClafferty co-owns, St. Thomas Social, that circulated a press release about a civil lawsuit he filed related to the incident and included a link to the complaint.
           
That same day, prosecutors allege McClafferty shared a Facebook story encouraging people to read a news article about the lawsuit. On March 9, he posted a video in the same Facebook group announcing that he planned to run for the Virgin Islands Legislature and asking for public support.
           
Prosecutors argue the posts — including references to the civil lawsuit — amount to an attempt to discuss and defend the criminal case publicly while avoiding the specific wording of the court’s order.
           
“The lawsuit itself, in addition to the social media posts with links to McClafferty’s complaint, are just another way of circumventing this court’s order barring social media postings,” prosecutors wrote.
           
They also raised concerns that the posts could influence potential jurors and amount to “trial by the media.”
           
On March 4, McClafferty and Social Hospitality Group Inc., which owns and operates St. Thomas Social, filed a civil lawsuit in Superior Court against Banco Popular de Puerto Rico and its parent company, Popular Inc. The complaint alleges negligence, defamation, abuse of process, false arrest and intentional infliction of emotional distress.
           
According to the lawsuit, the dispute stems from checks tied to a proposed “medical symposium” event that was supposed to take place at St. Thomas Social. The lawsuit claims the bank accepted deposits and initially made funds available before later returning the checks and filing what the complaint describes as an inaccurate police report accusing McClafferty of fraud.
           
The plaintiffs allege the bank failed to properly investigate the transactions and provided incorrect information to law enforcement, which they say led to McClafferty’s arrest. The complaint seeks compensatory and punitive damages.
           
In a March 10 letter to Gov. Albert Bryan Jr., attorney Bradley Lehman, whose Delaware-based firm Whiteford, Taylor & Preston LLP represents McClafferty and his business interests in the states, asked the governor to order an investigation into what he described as “inappropriate personal relationships” between bank employees and law enforcement officials. Lehman argued such relationships may have influenced the decision to pursue charges against McClafferty.
           
The letter also noted that Superior Court Judge Sigrid Tejo recused herself from the civil case, citing prior professional relationships with Banco Popular’s fraud department during her time as an assistant attorney general. Lehman wrote that Virgin Islanders “have a right to know that charging decisions are being made ethically and after due consideration.”
           
Richard Motta Jr., Government House spokesperson, said the governor has received the letter and will forward it to the Virgin Islands Police Department or VI Department of Justice for review.
           
“Those matters would have to be forwarded to the appropriate investigatory bodies, whether it be the VIPD’s Internal Affairs Unit or the Department of Justice,” Motta said.
           
Motta said those agencies would then determine whether the allegations warrant further investigation.
           
“They would probably look into the matter and determine whether those claims have merit and proceed further with any additional investigations,” he said.
           
In the motion, prosecutors asked the court to hold a hearing requiring McClafferty to show cause why he should not be sanctioned for violating the pretrial release order. If the court determines the order was violated, possible consequences could include sanctions, contempt of court, or modification or revocation of McClafferty’s bail.